Landlord/Tenant Law Legal Topics Real Property Law

How to Compute 3-Day Notice Period for Eviction

140044171Landlords can’t bring an action for unlawful detainer based on nonpayment of rent until the 3 days required to pay rent or quit have expired. Computing that 3 days can be tricky—and the whole case hinges on it.

Here’s the basic rule: Three full days after the day a 3-day notice is served must pass before a complaint can be filed because the time in which any act provided by law must be done (e.g., payment of overdue rent) “is computed by excluding the first day and including the last.” CCP §12.

If the third day falls on a holiday, then the 3-day period is extended to and includes “the next day that is not a holiday.” CCP §12a. Legal holidays are every Saturday and Sunday and the other days listed in Govt C §6700 and CCP §§10, 12a, and 135.

Here’s an example of how it plays out:

  • If a 3-day notice is served on Wednesday, the rent must be paid by the end of the third day after Wednesday, which is Saturday. (Note that the day when notice was served isn’t counted because the first day is excluded. CCP §12.)
  • But because Saturday and Sunday are holidays, the rent may be paid on the next non-holiday, Monday. CCP §12a.
  • But if that Monday is the third Monday in January (Dr. Martin Luther King, Jr. Day, a holiday), the rent may be paid on Tuesday.
  • If the rent is not paid by the end of the day on Tuesday, the landlord may file his or her complaint on Wednesday.

If the trial courts are closed on any day other than judicial holidays, Saturdays, and Sundays, the court must provide notice of such closing by posting at the courthouse and on the court’s public Internet website at least 60 days in advance. Govt C §68106(b).

For everything you need to know about the requirements for a valid 3-day notice, including a list of dates declared to be holidays, and tenant strategies and remedies for noncompliance, turn to CEB’s California Eviction Defense Manual. If you practice in the area of landlord-tenant law, whether representing landlords or tenants, check out CEB’s California Landlord-Tenant Practice.

Other CEBblog™ posts on landlord-tenant law include

© The Regents of the University of California, 2016. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

10 replies on “How to Compute 3-Day Notice Period for Eviction”

Another excellent post, Julie. It amazes me how many veteran attorneys still do not understand how to properly compute time. I just prevailed on a Motion for Summary Judgment because the party bringing the motion forgot to calculate the date correctly. There are online legal date calculators that one can use for free. I use the Los Angeles Superior Court’s online calculator but cross-check local rules to make sure there aren’t other court holidays to factor in.

If Saturday and Sunday are considered holidays, and I was given a three day notice on a Saturday or Sunday, would the count begin on Monday? Or does the rule of the next day after being served, int my case it would be Sunday. Or is it Monday which is not a holiday.

I’m sorry, Nicholas, but we cannot provide legal advice. You might check with your local legal aid or tenant organization.

I’m sorry, but we cannot provide specific advice. I suggest you contact legal assistance.

So what if you get a 3day on a friday? So Friday wouldn’t count then? saterday and Sunday dont matter.. So would i have to pay rent on monday or Wednesday

To David, best thing to do is pay a lawyer to answer your question (or go to a local legal aid office if you cannot afford an atty). This is because the laws sometimes change. For example, starting in Sept 2019, how to calculate the expiration day of the 3-day notice to pay or quit is going to be different. Also, some law librarians (at the County law library in your area) will show you the books where you can research this info yourself.

Add your comment to the blog post

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s